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confused regarding j1 h1 visas

Immigration issues, H1B and J1 visa sponsorship issues

confused regarding j1 h1 visas

Postby guest » Wed Aug 23, 2006 5:08 pm

hi i m an IMG .i have been in us for more than 4 yrs now .i m on h4 visa.my husband has applied for green card and hopefully we can get it by the 2nd half of next year.i have cleared my step1 & 2 with average scores.i wanted to know which visa should i prefer to pursue residency.i m in california .not many programs sponsor h1 visa.but some do sponsor j1.another thing is will i be able to transfer my j1 status to green card status next year when we get it...
guest
 

Postby anatolyk » Fri Aug 25, 2006 1:00 pm

If you can get a work permit, this would be the best choice.

As soon as you apply for H1 or J1 for a residency, you give up your GC application sponsored by your husband.

No, you will not be able to transfer J1 to GC.

As I am not a lawyer I am just sharing with you what I think. The best approach would be to get legal advise from an immigration attorney.
anatolyk
 
Posts: 2147
Joined: Tue Jan 25, 2005 1:17 pm

thx a lot

Postby guest » Sun Aug 27, 2006 4:00 pm

thanks a lot
guest
 

Dual-Intent Issues

Postby TheVisaExpert » Tue Sep 12, 2006 6:56 pm

Please be careful when deciding which visa to go on. The H-1 has dual intent, which means you can have the intent to remain in the U.S. and file for a green card. However, the J-1 does not have dual-intent, which means this may cause problems for you if there is a pending green card application. Moreover, if you are on the Skills List you could be subject to the 2-year home residency requirement. This means you would have to return to your home country for 2 years after your J-1 is over before you could apply for an H-1 visa or a green card. (info@thevisaexpert.com)
TheVisaExpert
 

Re: confused regarding j1 h1 visas

Postby Guest » Wed Sep 20, 2006 4:40 pm

guest wrote:hi i m an IMG .i have been in us for more than 4 yrs now .i m on h4 visa.my husband has applied for green card and hopefully we can get it by the 2nd half of next year.i have cleared my step1 & 2 with average scores.i wanted to know which visa should i prefer to pursue residency.i m in california .not many programs sponsor h1 visa.but some do sponsor j1.another thing is will i be able to transfer my j1 status to green card status next year when we get it...


I am an IMG too and I have the same situation as you I came to US 4yrs ago with an H4 visa but you are one step ahead of me as you applied for GC.first its better to pass step 3 ,with that you can apply for H1 visa if you could find any program to sponsor you , then you can stay in US with that for 2 more years until your green card gets ready. because with H1 or H4 you can stay maximum of 6 yrs. but about j1 if you apply for that after you'll finish your residency you have to go back to your country and after that you could apply for your GC.but there is one wayand its j1 waiver which means if they need physicians in underserved area in US your lawer can get a waiver for you .you have to talk with a good lawer about it . By the way I am in California too! Leila
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